Manchala Dikshit v. The State Of Telangana

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.7713 of 2018 O R D E R:

Heard the learned counsel for the petitioner and the learned Government Pleader.

2.

The grievance of the petitioner in the present writ petition is the alleged inaction on the part of the second respondent/Commissioner, Secondary School Certificate Education Board, Telangana in considering the representation dated 23.01.2018 made by the third respondent School to use the service of the substitute to write the examination of the petitioner at the dictation of the petitioner.

3.

Petitioner herein is studying 10th Class in the third respondent school and according to the writ affidavit he developed nervous weakness and is advised to undergo necessary medical treatment in the Osmania General Hospital. It is further submitted that due to the said illness petitioner is unable to write and as well as to hold the pen in a proper manner. Enclosing the prescription issued by the Osmania General Hospital, petitioner herein made a representation to the third respondent School and the third respondent School on 23.01.2018 addressed a letter to the second respondent/Commissioner, Secondary School Certificate Education Board, Telangana herein to accord permission to allow a substitute for the petitioner to write the examination at the dictation of the petitioner. 4.

At the hearing, it is submitted by the learned Government Pleader, appearing for the second respondent that unless a certificate is produced by the petitioner herein from the Gandhi Medical Hospital, Hyderabad the request of the petitioner herein cannot be considered.

5.

The material available on record shows that 17.02.2017 the father of the petitioner herein, who is the deponent herein, already submitted a representation to the fourth respondent Superintendent, Gandhi Hospital requesting for examination of the petitioner herein and to issue a certificate certifying that he is not in a position to write examination by himself due to neurological problem so that the second respondent could accord permission to allow substitute candidate during the SSC examination to write the answers at the dictation of the petitioner herein. 6.

Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court in the facts and circumstances of the case, deems it appropriate to dispose of the writ petition directing the fourth respondent herein to respond to the representation dated 17.02.2018 by 13.03.2018 and thereafter enclosing the same petitioner herein is permitted to make a representation to the second respondent immediately, and if any such representation is made enclosing the certificate, the second respondent/Commissioner, Secondary School Certificate Education Board, Telangana shall consider the same and take appropriate action before 14.03.2018.

7.

Accordingly, the writ petition is disposed of. As a sequel1, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

______________ A.V.SESHA SAI, J Date:12.03.2018 Note:

Furnish CC today.

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THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.7713 of 2018 Dated 12.03.2018 grk